Fairway Independent Mortgage Corporation Website Terms of Use and Disclaimer

Please read this Agreement carefully before accessing or using this Fairway Independent Mortgage Corporation ("Fairway") website because it governs your use of Fairway’s website ("Website"). Your acceptance of the following terms is a condition to your access and use of this Website. If you access or use the Website, you accept and agree to comply with the following Terms of Use. If you do not understand and agree with these Terms of Use, you should immediately discontinue any use of this site. If these terms and conditions are considered an offer by Fairway, acceptance is expressly limited to these terms.

Change in Terms

These Terms of Use may change from time to time without notice.

Links to Third Party Sites

From time to time this Website may also include links to other websites which may not be under the control of and may not be maintained by Fairway. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Proprietary Rights and Use of Fairway Information

This Website contains material which is owned by or licensed to Fairway. This material includes, but is not limited to, the text, design, layout, look, appearance and graphics. Reproduction is prohibited. All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website. No part of this Website, including logos, graphics, sounds or images, may be reproduced, linked to, altered, or retransmitted in any way, or by any means, for any commercial or public purpose without Fairway’s prior written consent.

Disclaimer of Warranty

THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS", AND NEITHER FAIRWAY NOR ANY THIRD PARTIES PROVIDE ANY REPRESENTATIONS, WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, QUALITY, PERFORAMNCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCUARCIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION THROUGH THIS WEBSITE MEET YOUR SPECIFIED REQUIREMENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, FAIRWAY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS WEBSITE. IN ADDITION, IN NO EVENT SHALL FAIRWAY BE LIABLE TO YOU IN ASSOCIATION WITH THE WEBSITE OR MATERIALS FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXAMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE HOWEVER AND WHENEVER IT ARISES, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, OR IN TORT, EVEN IF FAIRWAY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN OF THE DAMAGES WERE FORESEEABLE.

Governing Law

This Agreement shall be interpreted, governed, construed and enforced in accordance with the laws of Texas, including any laws limiting the power of arbitrators, without regard to any conflict of laws principles. You hereby consent to venue in any jurisdiction of the state and federal courts sitting in the State of Texas.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, save and hold harmless Fairway and its officers, directors, shareholders, employees, agents, successors and assigns from and against any and all claims, suits, liabilities, losses, cause of action, damages, including without limitation, all expenses of litigation and/or arbitration, court costs, and attorneys’ fees, arising on account of or in connection with your use of this Website, your sole negligence or willful misconduct, in any manner connected with your use of any third party website(s) accessed through this Website, or your breach or violation of these Terms.

Severability

If any provision of these Terms of Use or the application of any such provision to any person or circumstance is held unlawful or invalid, the remainder of these Terms of Use and the application of such provision other than to the extent it is held unlawful or invalid, will not be held unlawful, invalidated or affected thereby, and shall remain in full force and effect provided that such remaining provisions are sufficient to carry out the commercial objectives of Fairway. 3

Entire Agreement

These Terms of Use set forth the entire understanding between us and you with respect to your access and use of the Website and supersedes all prior agreements or contemporaneous arrangements and understandings, express or implied, oral or written, relating thereto.

Termination

Fairway, in its sole discretion, reserves the right to cancel or terminate your right to use the Website, or any part of the Website, at any time without notice.

Privacy Policy

Our Privacy Policy, as amended from time to time, is incorporated herein by reference with the same force and effect as if it were given in full text of these Terms of Use.